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Filing and Availing Personal Injury Claims

27th April 2010
By Jamie Hanson in Personal Injury
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An injury suffered due to accidents ruins the life of an individual and seriously limits the ability to work leading to financial strain and mental agony. You can sustain injuries anywhere, on the road, in your office or house, while on holiday or just while strolling on a damaged pavement. You may also suffer injuries in car or railroad accidents, in the workplace due to malfunctioning machines, medical negligence or sporting mishaps. If your injury is due to someone else's fault and seriously constrains your physical ability as well as compels you to lead a compromised lifestyle, you get relief by lodging personal injury claims.

Insurance companies usually compensate for personal injuries sustained. However, they are always on the look out to contradict your claim, thereby reducing their liability and financial outgo. To make your claim foolproof and help you obtain full compensation, follow the five steps as mentioned below.

1. File the claim in time: There is legal time limit within which you have to file your personal injury claims. Ensure timely filing of claims because filing after the time has elapsed makes your claim time barred. The insurance company to reject your claim can cite this as a valid reason.

2. Submit all medical records: The amount of compensation for personal injury claims decided on the nature and extent of injury suffered. Ensure immediate examination by a doctor after sustaining injury and obtain a certificate. Proper documentation of the injury is necessary to claim compensation.

3. Attach the police report: The official police report contains all the circumstantial evidence of the accident site where you have sustained injuries. The police report is essential to prove which party is at fault as well as determine the extent of damages. For personal injury claims to be successful, attach a copy of the police report while lodging the claim.

4. Coordinate with eyewitnesses: For your claim to be accepted, it is necessary to prove that the injury suffered is due to someone else's fault. Corroboration of your statement by eyewitnesses present at the time of occurrence of the incident is important evidence in personal injury claims. Therefore, coordinate and be in touch with eyewitnesses willing to give statements.

5. Engage a legal counsel: To escape partial or total liability, the insurance companies always try to find a legal lacuna in your personal injury claims. To enhance your chances of availing full personal injury compensation, engage a legal counsel competent in dealing with personal injury claims. You can also hire lawyers or legal firms who render services on a 'no win, no fee' basis, thereby relieving you of the burden of their fees in case you lose the claim.

Personal injury claims are for general and specific damages. General damages constitute the physical injury suffered leading to compromised health, pain endured and loss of earning. Specific damages encompass the actual financial cost of treatment, hospital bills, medicines, car repair, damage to building, etc. Insurance companies normally pay for the specific damages and you need to file a civil suit in the court to secure compensation for general damages.

For all type of general and specific Personal injury claims consult our experts at

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